Opinion
November 2, 1998
Appeal from the Supreme Court, Kings County (Rivera, J.).
Ordered that the appeal from the judgment rendered December 16, 1996, is dismissed, as that judgment was superseded by the amended judgment rendered December 15, 1997; and it is further,
Ordered that the amended judgment is affirmed.
The defendant contends that improper comments made by the prosecutor during summation constituted reversible error. Because he failed to object to the prosecutor's remarks, to seek curative instructions, or to move for a mistrial, the defendant has not preserved for appellate review his contentions regarding the prosecutor's summation ( see, CPL 470.05; People v. Yates, 207 A.D.2d 567). In any event, the prosecutor's remarks were responsive to the defense summation and did not exceed the broad bounds of rhetorical comment on the evidence which is permissible in closing argument ( see, People v. Galloway, 54 N.Y.2d 396, 399).
Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.